DOCUMENT:’ 800~l7/O21
FIRST MINISTERS‘ CONFERENCE
ON
ABORIGINAL CONSTITUTIONAL MATTERS
OPENING STATEMENT
BY THE
HONOURABLE BRIAN PECKFORD
PREMIER OF NEWFOUNDLAND
Ottawa
March l5-l6, 1983

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MR. CHAIRMAN:
IT IS SIGNIFICANT THAT THE FIRST CONFERENCE ON
CONSTITUTIONAL ISSUES SINCE PATRIATION IS FOCUSSED ON
ADDRESSING THE ASPIRATIONS OF CANADA’S ABORIGINAL PEOPLES-
WHILE MANY OF THE OTHER MAJOR CONSTITUTIONAL ISSUES WE
HAVE DISCUSSED IN PREVIOUS CONFERENCES REMAIN UNRESOLVED;
THIS CONFERENCE IS, I BELIEVE, AN ACKNOWLEDGEMENT OF THE
UNIQUE PLACE ABORIGINAL PEOPLES HAVE IN CANADIAN SOCIETY.
I BELIEVE IT ALSO REFLECTS THE GENUINE DESIRE AND WILLINGNESS
OF GOVERNMENTS TO GRAPPLE WITH THE COMPLEX ISSUES INVOLVED IN
ATTEMPTING TO MEET THE ASPIRATIONS OF ABORIGINAL PEOPLES-
I AM SURE ALL CANADIANS UNDERSTAND THE DETERMINATION
OF ABORIGINAL PEOPLES TO MAINTAIN THEIR IDENTITY, ENHANCE
THEIR TRADITIONS AND CULTURE, AND SHARE IN THE ECONOMIC
BENEFITS AND WEALTH OF THIS COUNTRY. AS I REFLECT ON THE
ISSUES BEFORE US, I MUST REMIND MYSELF THAT THE HISTORY AND
PRESENT SITUATION OF THE VARIOUS GROUPS COMPRISING THE
NATIVE POPULATION DIFFERS SUBSTANTIALLY FROM PLACE TO PLACE.

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IN NEWFOUNDLAND AND LABRADOR, THE NATIVE POPULATION
IS RELATIVELY SMALL, REPRESENTING ONLY ABOUT ONE HALF OF
ONE PERCENT OF THE PROVINCE’S TOTAL POPULATION. THERE
ARE APPROXIMATELY 1600 INUIT —WHICH IS 6% OF CANADA’s
TOTAL INUIT POPULATION ~ AND ABOUT 850 NASKAPI—MONTAGNAIS
INDIANS, LOCATED IN A NUMBER OF COMMUNITIES IN LABRADOR.
ON THE ISLAND PORTION OF THE PRov1NcE, THE COMMUNITY AT
CONNE RIVER ON THE SOUTH COAST HAS A POPULATION 0F
APPROXIMATELY 580 OF WHOM A LARGE PROPORTION ARE MICMAC
INDIANS.
WHILE THE PROVINCE’S NATIVE POPULATION IS RELATIVELY
SMALL COMPARED WITH OTHER PROVINCES, THIS DOES NOT
DIMINISH OUR DESIRE TO ADDRESS THEIR ASPIRATIONS AND
SPECIAL NEEDS. THE GOVERNMENT OF NEWFOUNDLAND IS COMMITTED
TO THE PROCESS THAT HAS BEGUN HERE TODAY. NE APPROACH
THESE DISCUSSIONS IN A POSITIVE AND RECEPTIVE MANNER AND
WITH A WILLINGNESS TO SEARCH FOR EOUITABLE SOLUTIONS THAT
WILL ENABLE OUR NATIVE PEOPLES TO MAINTAIN THEIR CULTURE
AND LANGUAGE TO PROTECT THEIR TRADITIONAL LIFETSTYLES AND
TO BENEFIT FROM AND PARTICIPATE FULLY IN THE ECONOMIC AND
SOCIAL DEVELOPMENT OF OUR PROVINCE AND COUNTRY.

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THE HISTORY OF RELATIONS BETWEEN NATIVE PEDPLE AND
GOVERNMENT IN NEWFOUNDLAND HAS TAKEN A UNIQUE AND VERY
DIFFERENT COURSE FROM DEVELOPMENTS IN OTHER PROVINCES.
IN THE PRETCONFEDERATION ERA; NO TREATIES WERE
CONCLUDED NOR WERE RESERVES ESTABLISHED. NATIVE PEOPLE
WERE NOT SEGREGATED FROM EUROPEAN SETTLERS EITHER BY POLICY
OR LEGISLATION. NATIVES AND SETTLERS WERE TREATED EQUALLY
BY THE NEWFOUNDLAND GOVERNMENT AND BY EACH OTHER.
NATIVE PEOPLES IN NEWFOUNDLAND AND LABRADOR WERE
REGARDED As CITIZENS WITH FULL AND EQUAL ACCESS TO
PROVINCIAL PROGRAMMES AND SERVICES. THE FEDERAL GOVERNMENT,
NOTWITHSTANDING ITS LEGISLATIVE AUTHORITY WITH RESPECT TO
INDIGENEOUS PEOPLE IN OTHER PARTS OF CANADA, HAD NO DESIRE
TO DISRUPT THE ‘STATUS QUO’ IN NEWFOUNDLAND. As LATE As
1965, THE PRIME MINISTER OF CANADA STATED:
“THE FEDERAL GOVERNMENT DOES NOT WANT To DISTURB
THE ESTABLISHED ARRANGEMENTS FOR PROVINCIAL
ADMINISTRATION OF INDIAN AND ESKIMO AFFAIRS IN
NEWFOUNDLAND”.

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BOTH THE PROVINCIAL AND FEDERAL GOVERNNENTs WERE
PARTICULARLY CONCERNED THAT THE TRADITIONAL HOMOGENOUS
FABRIC OF THE LABRADOR COMMUNITIES BE RESPECTED.. THEsE
COMMUNITIES ARE CHARACTERIZED BY NATIVES AND SETTLERs
LIVING SIDE BY SIDE AS EQUAL CITIZENS. A COMMON LIFESTYLE
PERVADES THE ECONOMIC, SOCIAL AND CULTURAL ENVIRONMENT.
AND. WITHIN THE COMMUNITY, THERE Is LITTLE DISTINCTION
REGARDING ACCESS OF ALL PEOPLE TO SERVICES.
IT HAS BEEN THE CONSISTEN POLICY OF NEWFOUNDLAND
GOVERNMENTS NOT To DIFFERENTIATE BETWEEN ITS CITIZENS ON
THE BASIS OF RACIAL DR ETHNIC ORIGIN. THIS DOES NOT MEAN,
HOWEVER. THAT THE PROVINCE HAS NOT RECOGNIZED THE SPECIAL
PROBLEMS FACED BY NATIVE PEOPLES, OR PREVENTED US FROM
TAKING SPECIAL MEASURES TO ADDRESS THESE PROBLEMS.
BETWEEN 1954. AND 1981. A SERIES OF EXCHANGE-OF-LETTER
ARRANGEMENTS WERE CONCLUDED. WHEREBY THE FEDERAL GOVERNNENT
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MADE A FINANCIAL CONTRIBUTION TO SERVICES PROVIDED BY THE
PROVINCE IN A NUMBER OF LABRADOR COMMUNITIES.
ADMINISTRATION WAS IN THE HANDS OF PROVINCIAL AUTHORITIES.
A TRIPARTITE COMMITTEE WHICH INCLUDED COMMUNITY
REPRESENTATIVES AS WELL AS REPRESENTATIVES OF THE TWO
GOVERNMENTS, ADVISED THE PROVINCIAL MINISTER ON PROGRAMME

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PLANNING AND FUNDING ALLOCATION. THESE ARRANGEMENTS
ORIGINALLY APPLIED ONLY TO LABRADDR COMMUNITIES WITH
INDIAN AND INUIT POPULATIONS.
IN 1973, HOWEVER, THE COMMUNITY OF CONNE RIVER WAS
ALSO INCLUDED IN THE GENERAL AGREEMENT AND IN 1981. THE
EXCHANGE—oF-LETTERs ARRANGEMENTS WERE REPLAcED BY FORMAL
NATIVE PE0PLEs’ AGREEMENTS. THROUGHOUT THE NEGOTIATIONS
AND IMPLEMENTATION OF THEsE AGREEMENTS,THERE HAs BEEN A
CONCERTED EFFORT BY BOTH GovERNMENTs To AvoID ETHNIc
DIVISIONS WITHIN THE COMMUNITIES.
THE sAME WILLINGNESS To ACCOMMODATE THE GOALS OF
NATIvE PEDPLE BY us Is ALSO ExPREssED IN OUR APPROACH TO
THE ISSUE OF LAND CLAIMs. IN OCTOBER, 1980, THE GOVERNMENT
OF NEWFOUNDLAND AND LABRADOR ANNOUNCED THAT IT CONSIDERED
THE INUIT AND THE NASKAPI—M0NTAGNAIs IN LABRADOR HAD A
BASIS FOR COMPREHENSIVE ABORIGINAL LAND CLAIM UNDER THE I
1973 FEDERAL GovERNMENT’s LAND CLAIM PoLIcY AND WE STATED
WE WERE PREPARED. IN CONJUNCTION WITH THE FEDERAL GovERNMENT
AND THE NATIVE ORGANIZATIONS. TO ENTER INTO TRIPARITE

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NEGOTIATION OF THESE CLAIMS.
MR. CHAIRMAN. THE GovERNMENT OF NEWFOUNDLAND AND
LABRADOR REAFFIRMS ITS PREVIOUS COMMITMENT TO NEGOTIATE
AN EOUITABLE sETTLEMENT OF THE LABRADOR CLAIMS AND WE
WILL APPROACH THESE NEGOTIATIONS IN A PosITIvE MANNER,
COGNIZANT OF THE SPECIAL RELATIONSHIP OF OUR PEOPLE TO
THE LAND AND THE ADJACENT SEA.
I AM ALSO PREPARED TODAY To MAKE A FURTHER COMMITMENT
WITH RESPECT To LAND CLAIM SETTLEMENTs. WHEN LAND cLAIM
NEGoTIATI0Ns ARE SUCCESSFULLY coNcLuDED AND AN AGREEMENT
Is REAGHED, THE PRovINcE OF NEWFOUNDLAND WOULD BE WILLING
To HAvE THESE SETTLEMENTS ENTRENCHED IN THE CoNsTITuTIoN,
AND TO AGREE ALSO THAT NO CHANGES WILL BE MADE IN THESE
AGREEMENTS WITHOUT THE CONSENT OF ALL PARTIES CONCERNED.
MANN OF THE ITEMS ON THE AGENDA FOR DISCUSSION TODAY T
TITLE TO LANDS; HUNTING, FISHING AND TRAPPING RIGHTS; THE
PRESERVATION OF LANGUAGE AND CULTURE, DELIVERY OF GOVERNMENT
SERVICES AND OTHERS T WILL BE SUBJECTS FOR NEGOTIATION

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NITHIN THE CONTEXT OF LAND CLAIM sETTLEMENTs. THEREFDRE.
WHILE I UNDERSTAND THE DEsIRE OF THE ABORIGINAL
ORGANIZATIONS To HAvE A CHARTER OF RIGHTs OF ABDRIGINAL
PEOPLEs IN THE CoNsTITuTIoN, A GREAT AMOUNT DF EFFORT
MUST YET BE UNDERTAKEN TO DEFINE WHAT THEsE RIGHTS ARE
BEFDRE THEY CAN BE ENTRENCHED. IT MAY WELL BE THAT A
NUMBER OF SUCH ISSUES WILL BE DEALT WITH IN THE CONTEXT
OF LAND CLAIMS SETTLEMENT.
MR. CHAIRMAN. THE GDYERNMENT OF NEWFOUNDLAND AND
LABRADOR IS PREPARED. HDNEYER, TO CONSIDER ENTRENCHMENT
OF A STATEMENT OF GENERAL PRINCIPLES WHICH COULD SERVE AS
A GUIDE IN THE ON*GOING PROCESS AND COULD FORM THE BASIS FOR
DEVELOPMENT OF MORE SPECIFIC PROVISIONS FOR EITHER INCLUSION
AT SOME FUTURE DATE IN THE CONSTITUTION, OR IN LEGISLATION
OR IN A LAND CLAIM SETTLEMENT. THIS APPROACH WOULD. I
BELIEVE, REPRESENT A MAJOR STEP FORWARD AND COULD PROVIDE
A BASE TO BUILD ON IN THE FUTURE.
THE GOVERNMENT OF NEWFOUNDLAND IS FIRMLY COMMITTED TO
THE PRINCIPLE OF EQUALITY OF PEOPLE, REGARDLESS OF ORIGIN;

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CREED; BELIEF OR SEX. WE FULLY ENDORSED THE PROVISIONS IN
THE FREsENT CHARTER OF RIGHTS AND FREEDoMs THAT GUARANTEE
EQUALITY OF RIGHTS FOR MEN AND WOMEN AND WOULD SUPPORT
AN EXPLICIT PROVISION THAT WOULD ENSURE ABORIGINAL RIGHTS
APPLY EQUALLY TO MEN AND WOMEN.
THE PROPOSAL FoR A CONSTITUTIONAL PROVISION FOR
CONSULTATION OF F1RsT N1N1sTERs WITH REPRESENTATIVES 0F THE
ABORIGINAL PEOPLES BEFORE ANY FUTURE AMENDMENTS ARE MADE
THAT DIRECTLY AFFECT ABORIGINAL RIGHTS, WILL ENsURE, I
FEEL, THAT ABORIGINAL PEOPLES WILL BE FULLY INVOLVED IN
ANY CHANGES THAT ARE PROPOSED. THE PROv1NcE OF NENFDUNDLAND,
THEREFDRE, WOULD SUPPORT MEASURES To PROVIDE F0R CONSULTATION
WITH ABORIGINAL PEOPLES IN CONSTITUTIONAL CHANGES DIRECTLY
AFFECTING THEIR RIGHTS.
MR. CHAIRMAN, THE LIST OF AGENDA ITEMS BEFORE US IN
THIS CONFERENCE IS LONG. ALL ARE IMPORTANT AND COMPLEX AND
ARE NOT SUSCEPTIBLE TO EASY RESOLUTION. THE DISCUSSIONS
THAT HAVE TAKEN PLACE IN PREPARATION FOR THIS CONFERENCE HAVE
HELPED TO CLARIFY THESE ISSUES AND CONTRIBUTE TO A BETTER

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UNDERSTANDING OF THE cONcERNs AND ASPIRATIONS OF ABORIGINAL
PEOPLES. A GOOD BEGINNING HAs BEEN MADE BUT IT WILL NOT BE_
POSSIBLE TO DEAL SATISFACTORILY WITH ALL THESE ISSUES
WITHIN THE NEXT DAY AND A HALF. TH1s PROCESS MUST NOT.
THEREFORE, END WITH THIS CONFERENCE. IT 1s CLEAR THAT OTHER
MEETINGS OF OFFICIALS, MINISTERS, AND FIRST NATIONS —
WILL BE NECESSARY.
NEWFOUNDLAND SUPPORTS CONTINUATION OF THE PROCESS THAT
HAS BEGUN, RECOGNIZING THAT IT IS ONLY THROUGH ONTGOING
DIALOGUE AND NEGOTIATION CAN THE CONCERNS OF OUR ABORIGINAL
PEOPLES BE PROPERLY ADDRESSED.
I BELIEVE THE POSITION WE HAVE TAKEN ON THE ISSUES
BEFORE US TODAY REFLECTS OUR SERIOUS COMMITMENT TO THIS
PROCESS AND LAYS A FOUNDATION THAT; WITH REASONABLENESS1
COOPERATION AND THE POLITICAL WILL OF ALL PARTICIPANTS, WILL
ENABLE ABORIGINAL PEOPLES TO MAINTAIN THEIR CULTURE;
TRADITIONS AND IDENTITY AND TO PARTICIPATE FULLY IN CANADIAN
SOCIETY.

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